IoL - ALL THINGS LICENSING
As such, the importance shown to this area is to be wel- comed to ensure that all customers receive the best possible service and the minority who do not uphold standards are held accountable.
Accessible vehicles incentivisation
If however a council is responsible for licensing large num- bers of drivers/vehicles which go on to work elsewhere, then the guidance should in my view address this issue.
The role of the licensing authority is to protect the public, not to license as many vehicles or drivers as they can. Authorities which knowingly allow their licence holders to work in other areas need to consider the impact this prac- tice has on other authorities and members of the trade who want to serve their residents.
Whilst the issue of a driver’s ‘right to roam’ was consid- ered in the Knowsley case, how a vehicle proprietor or private hire operator manages this issue could be consid- ered by authorities in their decision making.
Regulators’ Code
The chapter contains a new reference to the Regulators’ Code emphasising the importance of a proportionate approach to tackle issues which affect safety for both drivers and passengers and enable fair competition.
Whilst is it a requirement for authorities to have regard to the Regulators’ Code, the point of licensing is that it is preventative and should try to stop evidence of an issue from emerging in the first place.
The guidance is clear throughout this chapter that the overriding objective is to protect the public and potential- ly having to evidence a policy which is intended to be preventative and build confidence may be a juxtaposition.
Chapter 3 has many noteworthy points for authorities to consider in terms of resilience planning, undoubtedly due to the difficulties posed during Covid and underlines the importance of consultation at a local level as per the Statutory Standards.
CHAPTER 4 - ACCESSIBILITY
The significant issue of accessibility is dealt with in Chap- ter 4 which takes a much stronger approach to the importance of ensuring customers can access the service.
JUNE 2022
The guidance suggests that councils should ‘incentivise’ availability of accessible vehicles where mandating them would be inappropriate. It would be helpful if there was further guidance on this point.
It is well established that accessible vehicles are more expensive to purchase and run, and as such it is difficult in the current financial climate for authorities to provide much in the way of incentives which will benefit prospec- tive purchasers. A reduced licensing fee of a few hundred pounds over the life of a vehicle isn’t going to make much difference when the wider costs of purchasing and run- ning a vehicle are considered in areas where accessible vehicles are not mandated.
The guidance goes as far as to say that authorities should take action to ensure there are sufficient accessible vehi- cles. Again, more guidance on this point would be welcomed, as the only way to ensure that vehicles of a certain type are provided is likely to be through manda- tory requirements, which would either be unpopular or lead to disparity in areas where there is a mixed fleet.
Inclusive service planning
Chapter 4 also makes a new reference to inclusive service planning. Local transport planning is a county or unitary authority function and consequently will be a new duty on district/borough licensing authorities.
CHAPTER 5 - ENFORCEMENT
Enforcement of the licensing regime is tucked towards the back of the 2010 guidance but promoted to chapter 5 of the new draft, reiterating the importance of this func- tion from the Statutory Standards.
Enforcement measures
The chapter suggests a range of other enforcement mea- sures such as mystery shoppers and use of Community Safety Accreditation Scheme powers. Chapter 5 also pro- vides some useful clarification on the use of points-based systems, and the position on interim suspensions as per the Cardiff v Singh judgement.
7
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90
